Legal Opinion

Piercy v. Smith

Court of Appeals of Kentucky

Decided April 20, 1904PublishedCited by 18 opinions

Case 117 — Action by L. F. Piercy against S. G. Smith and Others-for Increase in His Salary as School Superintendent.— APPEAL FROM CLINTON CIRCUIT COURT. Judgment for -Defendant and Plaintiff Appeals. We contend: 1. That the salary of the school superintendent must be fixed , annually, and at the end of the year for which the salary is to be paid, and the amount allowed for any one year can not have any influence on 'the amount of salary for the succeeding year.

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Case 117 — Action by L. F. Piercy against S. G. Smith and Others-for Increase in His Salary as School Superintendent.— APPEAL FROM CLINTON CIRCUIT COURT. Judgment for -Defendant and Plaintiff Appeals. We contend: 1. That the salary of the school superintendent must be fixed , annually, and at the end of the year for which the salary is to be paid, and the amount allowed for any one year can not have any influence on 'the amount of salary for the succeeding year. But the court must fix the salary for each year within the limits prescribed by law in force at the time the salary is fixed.…

1Opinion of the Court

•Opinion ox the court by

JUDGE O’REAR

Affirming.

Appellant was elected county superintendent of common schools f.or Clinton county, November, 1901, when the láw as to the compensation of such officers was as embraced! in section 4419, Ky. St. 1903; that i$, his salary should be allowed annually by the fiscal court of his county, based on the number of children reported in the census report of the district trustees of such county, which salary -should not be less than eight cents nor more than twenty cents for each pupil child thus reported, but wherein it *992was provided “that no salary shall be…

2Cases cited3 opinions

  1. Butler County v. JamesCourt of Appeals of Kentucky · 1903
  2. Marion County Fiscal Court v. KellyCourt of Appeals of Kentucky · 1900
  3. Barrett v. City of FalmouthCourt of Appeals of Kentucky · 1900

3Cited by18 opinions

  1. Coleman, Auditor v. HurstCourt of Appeals of Kentucky (pre-1976) · 1928
  2. Fox v. LantripCourt of Appeals of Kentucky · 1915
  3. Board of Education of Boyle County v. McChesneyCourt of Appeals of Kentucky (pre-1976) · 1930
  4. James v. DuffyCourt of Appeals of Kentucky · 1910
  5. People Ex Rel. Brenza v. Turnverein LincolnIllinois Supreme Court · 1956

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